If any occupant fails to comply with an order to vacate a nonresidential building or structure, the Codes Enforcement Officer may file a civil action in the name of the town to remove the occupant. The action to vacate shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying the nonresidential building or structure. The clerk of superior court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date, and place not to exceed 10 days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided in G.S. § 42-29. The summons shall be returned according to its tenor, and if on its return it appears to have been duly served and if at the hearing the Codes Enforcement Officer produces a certified copy of an ordinance adopted by the Board of Commissioners pursuant to this section to vacate the occupied nonresidential building or structure, the magistrate shall enter judgment ordering that the premises be vacated and all persons be removed. The judgment ordering that the nonresidential building or structure be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. § 42-30. An appeal from any judgment entered under this section by the magistrate may be taken as provided in G.S. § 7A-228, and the execution of the judgment may be stayed as provided in G.S. § 7A-227. An action to remove an occupant of a nonresidential building or structure who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this section unless the occupant was served with notice, at least 30 days before the filing of the summary ejectment proceeding, that the Board of Commissioners has ordered the Codes Enforcement Officer to proceed to exercise his or her duties under this section to vacate and close or remove and demolish the nonresidential building or structure.
(Ord. 09-119, passed 5-19-2009)